Category: First Circuit Court of Appeals Opinions

GELPI v. TUGWELL, Governor. No. 3648.Circuit Court of Appeals, First Circuit. November 14, 1941. Appeal from the Supreme Court of Puerto Rico. Mandamus proceeding by Emma Victoria Gelpi against Rexford G. Tugwell, Governor of Puerto Rico, substituted defendant. From a judgment of the Supreme Court of Puerto Rico, affirming a judgment of the Chief Justice […]

UNITED STATES OF AMERICA, APPELLEE, v. ILARIO ZANNINO ET AL., DEFENDANTS, APPELLANTS. No. 72-1153.United States Court of Appeals, First Circuit.Heard September 12, 1972. Decided November 7, 1972. Page 1300 Joseph J. Balliro and Francis J. DiMento, Boston, Mass., with whom Dimento Sullivan, Balliro Woodrow, Boston, Mass., Robert V. Mulkern, Fusaro Fusaro, Worcester, Mass., and Ronald […]

UNITED STATES of America, Appellee, v. Robert M. FRIEDLAND, Defendant, Appellant. No. 71-1071.United States Court of Appeals, First Circuit. June 29, 1971. Page 711 Thomas R. McNaboe, Portland, Me., with whom Thompson, Willard, Smith McNaboe, Portland, Me., was on brief, for appellant. Peter Mills, U.S. Atty., for appellee. Before ALDRICH, Chief Judge, McENTEE and COFFIN, […]

INMATES OF THE SUFFOLK COUNTY JAIL ET AL., PLAINTIFFS, APPELLANTS, v. DENNIS J. KEARNEY ET AL., DEFENDANTS, APPELLEES. INMATES OF THE SUFFOLK COUNTY JAIL ET AL., PLAINTIFFS, APPELLEES, v. DENNIS J. KEARNEY ET AL., DEFENDANTS, APPELLEES, BOSTON CITY COUNCILLORS, DEFENDANT, APPELLANT. INMATES OF THE SUFFOLK COUNTY JAIL ET AL., PLAINTIFFS, APPELLEES, v. DENNIS J. KEARNEY […]

NATIONAL LABOR RELATIONS BOARD v. ENGLAND BROS., Inc. No. 4694.United States Court of Appeals, First Circuit. February 2, 1953. Samuel M. Singer, Washington, D.C., Atty. (George J. Bott, Gen. Counsel, David P. Findling, Associate Gen. Counsel, and A. Norman Somers, Asst. Gen. Counsel, Washington, D.C., on the brief), for petitioner. Hugh J. Corcoran, Springfield, Mass. […]

Rusco Steel Co. v. Atkinson-Kiewit, J/V. No. 95-2290.United States Court of Appeals, First Circuit. October 25, 1996. D.R.I., 877 F.Supp. 68. APPEAL DISMISSED. Page 594

RAUL F. RODRIGUEZ, PLAINTIFF, APPELLANT, v. BANCO CENTRAL, ET AL., DEFENDANTS, APPELLEES. RAUL RODRIGUEZ RODRIGUEZ, ET AL., PLAINTIFFS, APPELLANTS, v. BANCO CENTRAL CORPORATION, ET AL., DEFENDANTS, APPELLEES. RAUL F. RODRIGUEZ, ET AL., PLAINTIFFS, APPELLEES, v. BANCO CENTRAL, ET AL., DEFENDANTS, APPELLANTS. Nos. 90-1047, 90-1193 and 90-1403.United States Court of Appeals, First Circuit.Heard September 7, 1990. […]

RICHARD FRANCIS DE VINCENT, PLAINTIFF-APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT-APPELLEE. No. 79-1042.United States Court of Appeals, First Circuit.Submitted April 5, 1979. Decided July 26, 1979. Page 1007 Richard Francis De Vincent on brief pro se. Edward F. Harrington, U.S. Atty., Boston, Mass., Jerome M. Feit, and David B. Smith, Attys., Dept. of Justice, Washington, […]

BEACON FRUIT PRODUCE CO., Inc., et al., Plaintiffs, Appellants, v. H. HARRIS CO., Inc., et al., Defendants, Appellees. No. 5363.United States Court of Appeals, First Circuit. November 19, 1958. Appeal from the United States District Court for the District of Massachusetts; Francis J.W. Ford, Judge. Affirming 160 F. Supp. 95. Sigmund Timberg, Washington, D.C., with […]

TOWN OF NORWOOD, MASSACHUSETTS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. New England Power Company, Intervenor. Nos. 06-1658, 06-2054.United States Court of Appeals, First Circuit.Heard December 6, 2006. Decided February 2, 2007. Page 19 Robert A. Jablon with whom Elaine C. Lippmann, Spiegel McDiarmid, Charles F. Wheatley, Jr., Wheatley Ranquist, P.A., J. Owen Todd, Juliet […]

MICHAEL K. DUPONT, PETITIONER, APPELLANT, v. FRANK A. HALL ET AL., RESPONDENTS, APPELLEES. No. 76-1419.United States Court of Appeals, First Circuit. May 16, 1977. Page 16 Dyanne Klein Polatin, Boston, Mass., for appellant. Paul W. Shaw, Asst. Atty. Gen., Crim. Div., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. […]

Jorge J. GONZALEZ, Petitioner, Appellant, v. The JUSTICES OF the MUNICIPAL COURT OF BOSTON et al., Respondents, Appellees. No. 03-2732.United States Court of Appeals, First Circuit.Heard June 8, 2004. Decided August 24, 2005. Appeal from the United States District Court for the District of Massachusetts, George A. O’Toole, J. Page 6 Robert W. Hagopian on […]

Joseph V. STUART, Plaintiff, Appellant, v. UNITED STATES, Defendant/Third-Party-Plaintiff, Appellee, Franklin O’Dell, Third-Party Defendant. No. 02-1702.United States Court of Appeals, First Circuit.Heard April 8, 2003. Decided July 24, 2003. Appeal from the United States District Court for the District of Massachusetts, George A. O’Toole, J. Page 32 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

WJM, INC., ETC., ET AL., PLAINTIFFS, APPELLEES, v. MASSACHUSETTS DEPARTMENT OF PUBLIC WELFARE, DEFENDANT, APPELLANT. No. 87-1111.United States Court of Appeals, First Circuit.Heard September 9, 1987. Decided February 24, 1988. Page 997 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 998 Despena […]

WILLIAM CORDERO, ET AL., PLAINTIFFS, APPELLEES, v. JUAN De JESUS-MENDEZ, ETC., ET AL., DEFENDANTS, APPELLANTS. No. 90-1364.United States Court of Appeals, First Circuit.Heard September 13, 1990. Decided December 18, 1990. Page 12 Paul B. Smith, Hato Rey, P.R., with whom Hector Rivera Cruz, Bayamon, P.R., Secretary of Justice, for the Com. of Puerto Rico, Jorge […]

UNITED STATES OF AMERICA EX REL. ROLAND A. LeBLANC, PLAINTIFF-RELATOR, APPELLANT, v. RAYTHEON COMPANY, INC., DEFENDANT. No. 90-1246.United States Court of Appeals, First Circuit.Heard August 2, 1990. Decided September 4, 1990. Rehearing Denied October 16, 1990. Page 18 James C. Heigham, with whom Francisca D. Morant, Choate, Hall Stewart, Charles B. Molineaux and Dempsey, Bastianelli, […]

S.D. WARREN COMPANY, A DIVISION OF SCOTT PAPER CO., PLAINTIFF, APPELLEE, v. UNITED PAPERWORKERS’ INTERNATIONAL UNION, AFL-CIO, LOCAL 1069, DEFENDANT, APPELLANT. No. 87-1570.United States Court of Appeals, First Circuit.Heard December 10, 1987. Decided May 19, 1988. Stephen P. Sunenblick, with whom Sunenblick, Reben, Benjamin March, Portland, Me., was on brief, for defendant, appellant. S. Mason […]

JAMES WALSH, WHO BRINGS THIS ACTION ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS, APPELLANTS, v. COMMONWEALTH OF MASSACHUSETTS AND ARTHUR M. MASON, DEFENDANTS, APPELLEES. No. 79-1601.United States Court of Appeals, First Circuit.Argued March 10, 1980. Decided April 11, 1980. Mark I. Zarrow, Worcester, Mass., with whom Harry Zarrow, and Yagjian, Zarrow, George, […]

GONZALEZ et al. v. HOBBY, Federal Security Administrator. No. 4780.United States Court of Appeals, First Circuit. May 11, 1954. Frank Torres, New York City, for appellants. Ruben Rodriguez Antongiorgi, U.S. Atty., San Juan, P.R., for appellee. Before MAGRUDER, Chief Judge, and MARIS and WOODBURY, Circuit Judges. MARIS, Circuit Judge. This is an appeal by the […]

ROYAL CARIBBEAN CORP. AND CARIBBEAN CRUISE LINE, LTD., PLAINTIFFS, APPELLANTS, v. PUERTO RICO PORTS AUTHORITY, ET AL., DEFENDANTS, APPELLEES. No. 92-1079.United States Court of Appeals, First Circuit.Heard June 2, 1992. Decided August 19, 1992. Francisco G. Bruno with whom Marisa Rivera Barrera and Sweeting Gonzalez Page 9 Cestero Bruno, Hato Rey, P.R., were on brief, […]

DENNIS R. COOKISH, PLAINTIFF, APPELLANT, v. MICHAEL CUNNINGHAM, WARDEN, NEW HAMPSHIRE STATE PRISON, DEFENDANT, APPELLEE. No. 85-1666.United States Court of Appeals, First Circuit.Submitted December 5, 1985. Decided March 20, 1986. Page 2 Dennis R. Cookish on brief, pro se. Ronald F. Rodgers, Sr. Asst. Atty. Gen., Stephen E. Merrill, Atty. Gen., Concord, N.H., on brief […]

UNITED STATES OF AMERICA, APPELLEE, v. ARMANDO ZEULI, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. FRANK TERRANOVA, DEFENDANT, APPELLANT. Nos. 83-1299, 83-1348.United States Court of Appeals, First Circuit.Argued November 7, 1983. Decided January 19, 1984. Page 814 Morris M. Goldings, Boston, Mass., with whom Richard S. Jacobs, and Mahoney, Hawkes Goldings, Boston, Mass., were […]

ATLAS TACK CORPORATION, Petitioner, v. NEW YORK STOCK EXCHANGE et al., Respondents. No. 5180.United States Court of Appeals, First Circuit. June 3, 1957. Page 312 John H. Goewey, Pittsfield, Mass., and Dana C. Coggins, Vineyard Haven, Mass., Arthur T. Garvey, Springfield, Mass., on the brief for petitioner. Thomas G. Meeker, Gen. Counsel, Washington, D.C., David […]

PETITIONING CREDITORS OF MELON PRODUCE, INC., APPELLANTS, v. JOSEPH BRAUNSTEIN, TRUSTEE, ET AL., APPELLEES. MELON PRODUCE, INC., PLAINTIFF-APPELLANT, v. PETER KARGER, DEFENDANT-APPELLEE. No. 96-1395, 96-1406.United States Court of Appeals, First Circuit. May 8, 1997. Page 1233 Richard L. Blumenthal, with whom Peter L. Zimmerman and Silverman Kudisch, P.C., Boston, MA, were on brief for appellants. […]

MARINA TOMAN, A MINOR BY HER FATHER AND NEXT FRIEND KURT TOMAN AND KURT TOMAN, PLAINTIFFS, APPELLEES, v. UNDERWRITERS LABORATORIES, INC., DEFENDANT AND THIRD-PARTY PLAINTIFF, APPELLANT, v. MORRIS STRUHL, INC., ET AL., THIRD-PARTY DEFENDANTS, APPELLEES. Nos. 82-1452, 82-1517 and 82-1518.United States Court of Appeals, First Circuit.Argued December 10, 1982. Decided April 4, 1983. Francis J. […]

LIONNE CO. v. CUSHMAN-HOLLIS CO. No. 1834.Circuit Court of Appeals, First Circuit. August 6, 1925. Appeal from the District Court of the United States for the District of Maine; John A. Peters, Judge. Suit by the Lionne Company against the Cushman-Hollis Company. Decree for defendant (299 F. 983), and plaintiff appeals. Affirmed. Odin Roberts, of […]

UNITED STATES, APPELLEE, v. NELSON FIELD, DEFENDANT-APPELLANT. No. 93-2212.United States Court of Appeals, First Circuit.Heard October 4, 1994. Decided November 4, 1994. Page 16 Gordon R. Blakeney, Jr., Concord, NH, for appellant. Jean B. Weld, Asst. Atty. Gen., with whom Paul M. Gagnon, U.S. Atty., Concord, NH, was on brief, for appellee. Appeal from the […]

ELLIOTT ADDRESSING MACH. CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 3774.Circuit Court of Appeals, First Circuit. November 27, 1942. Petition for Review of Decision of United States Board of Tax Appeals. Petition by the Elliott Addressing Machine Company to review a decision of the United States Board of Tax Appeals redetermining deficiencies in the income […]

UNITED STATES OF AMERICA, APPELLANT, v. PATRICK S. CUNAN, DEFENDANT, APPELLEE. UNITED STATES OF AMERICA, APPELLANT, v. RICHARD J. DECATO, JR., ET AL., DEFENDANTS, APPELLEES. No. 96-1235, No. 97-1470.United States Court of Appeals, First Circuit.Heard May 5, 1998. Decided September 17, 1998. Appeals from the United States District Court for the District of Massachusetts, Hon. […]

C.B. TRUCKING, INC., PLAINTIFF-APPELLANT, v. WASTE MANAGEMENT, INC., ET AL., DEFENDANTS-APPELLEES. No. 96-2347.United States Court of Appeals, First Circuit.Heard October 6, 1997. March 2, 1998. Page 42 Edward J. McCormick, III, with whom McCormick Maitland was on brief for appellant. J. Anthony Downs, with whom A. Lauren Carpenter and Goodwin, Procter Hoar LLP were on […]

EVELYN DeJESUS, PLAINTIFF, APPELLANT, v. BANCO POPULAR de PUERTO RICO, ET AL., DEFENDANTS, APPELLEES. No. 91-1354.United States Court of Appeals, First Circuit.Heard November 4, 1991. Decided December 4, 1991. Page 4 Maria H. Sandoval, Santurce, P.R., with whom Antonio Jimenez Miranda, Old San Juan, P.R., was on brief, for plaintiff, appellant. Frank Catala Morales, Bayamon, […]

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. ONE 1974 PORSCHE 911-S VEHICLE IDENTIFICATION NO. 9114102550, DEFENDANT-APPELLEE. EDWARD GIOIOSA, JR., CLAIMANT-APPELLANT. No. 81-1911.United States Court of Appeals, First Circuit.Argued May 6, 1982. Decided July 9, 1982. Page 284 Ellen Grossman, West Newton, Mass., with whom Karning Boyajian, Boston, Mass., was on brief, for claimant-appellant. Ralph A. Child, […]

FRANK COTE ET AL., PLAINTIFFS, APPELLANTS, v. KENNETH J. SEAMAN ET AL., DEFENDANTS, APPELLEES. No. 80-1105.United States Court of Appeals, First Circuit.Submitted May 9, 1980. Decided May 29, 1980. Albert Auburn, Wellesley, Mass., on brief, for plaintiffs, appellants. Reginald H. Howe, Steven L. Schreckinger and Palmer Dodge, Boston, Mass., on brief, for defendants, appellees. Appeal […]

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, PETITIONER, v. BATH IRON WORKS CORPORATION, ET AL., RESPONDENTS. No. 89-1126.United States Court of Appeals, First Circuit.Heard June 8, 1989. Decided September 20, 1989. Joshua T. Gillelan, II, Dept. of Labor, Office of the Sol., with whom Jerry G. Thorn, Acting Sol. of Labor, […]

UNITED STATES of America, Appellee, v. Edwin C. ALLEN, II, Defendant, Appellant. No. 01-2643.United States Court of Appeals, First Circuit.Heard October 8, 2002. Decided December 10, 2002. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, J. Page 513 David Abraham Silverman, for appellant. F. Mark Terison, Senior Litigation […]

UNITED STATES OF AMERICA, APPELLEE, v. JOSEPH A. GRANELLI, DEFENDANT, APPELLANT. No. 77-1230.United States Court of Appeals, First Circuit. August 4, 1977. William B. Duffy, Jr., Boston, Mass., by appointment of the Court, and Duffy Parker, Boston, Mass., on memorandum for defendant, appellant. James N. Gabriel, U.S. Atty., and Robert B. Collings, Asst., U.S. Atty., […]

DAVID LALLEMAND, PLAINTIFF, APPELLANT, v. UNIVERSITY OF RHODE ISLAND, ET AL., DEFENDANTS, APPELLEES. No. 92-2481.United States Court of Appeals, First Circuit.Heard August 6, 1993. Decided November 22, 1993. Vincent A. Indeglia with whom Indeglia McGovern was on brief, for appellant. Thomas M. Elcock with whom David E. Maglio, Stephen P. Harten and Morrison, Mahoney Miller […]

GREANEY v. DEITRICK. No. 3415.Circuit Court of Appeals, First Circuit. March 25, 1939. Page 84 Appeal from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Suit in equity by Frederick S. Deitrick, receiver of the Boston-Continental National Bank, against Thomas E. Greaney and others to enforce a […]

Murray GINTIS, et. al, Plaintiffs, Appellants, v. BOUCHARD TRANSPORTATION COMPANY, INC., et. al, Defendants, Appellees. No. 09-1717.United States Court of Appeals, First Circuit.Heard January 6, 2010. Decided February 23, 2010. Appeal from the United States District Court for the District of Massachusetts, Joseph L. Tauro, J. Page 65 Jason B. Adkins, with whom John Peter […]

UNITED STATES of America, Appellee, v. Jose Del Carmen CARDALES-LUNA, Defendant, Appellant. No. 08-1028.United States Court of Appeals, First Circuit.Heard March 4, 2010. Decided January 20, 2011. Appeal from the United States District Court for the District of Puerto Rico, José Antonio FustéJ. Page 732 José R. Olmo-Rodriguez, for appellant. Nelson Pérez-Sosa, Assistant United States […]

In re NEW MOTOR VEHICLES CANADIAN EXPORT ANTITRUST LITIGATION, Barry Cohen; Sarah Epstein; Phineas A. Adler, Plaintiffs, Suri Skorski; Eli Elbaz; Sean Gregor and Assoc., Co., L.P.A., Plaintiffs, Appellants, v. General Motors Corporation; Ford Motor Company; American Honda Motor Company Inc.; Daimlerchrysler Corporation; Daimlerchrysler Motors Co., LLC; Mercedes-Benz USA, LLC; GMAC LLC; Daimlerchrysler Financial Services […]

MARANNE SHOE COMPANY, Defendant, Appellant, v. UNITED SHOE WORKERS OF AMERICA, AFL-CIO, Plaintiff, Appellee. No. 6168.United States Court of Appeals, First Circuit. October 22, 1963. Appeal from the United States District Court for the District of Massachusetts; George C. Sweeney, Chief Judge. Dean E. Nicholson, Haverhill, Mass., with whom Espovich Nicholson, Haverhill, Mass., was on […]

Manuel GARCÍA-GUZMÁN, et al., Plaintiffs, Appellants, v. Elena VILLOLDO, et al., Defendants, Appellees. No. 01-1097.United States Court of Appeals, First Circuit.Heard July 31, 2001. Decided December 3, 2001. Appeal from the United States District Court for the District of Puerto Rico, Justo Arenas, United States Magistrate Judge. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

UNITED STATES, APPELLEE, v. JOHN P. FLYNN, DEFENDANT, APPELLANT. No. 94-1547.United States Court of Appeals, First Circuit.Heard January 9, 1995. Decided March 1, 1995. Page 12 George F. Gormley, with whom John D. Colucci, Cambridge, MA, was on brief, for appellant. Jean L. Ryan, Asst. U.S. Atty., with whom Paul M. Gagnon, U.S. Atty., Concord, […]

IN RE EMPRESAS NOROESTE, INC., DEBTOR. HANS LOPEZ STUBBE, TRUSTEE, ETC., PLAINTIFF, APPELLEE, v. BANCO CENTRAL CORPORATION, FORMERLY KNOWN AS BANCO CENTRAL Y ECONOMIAS, DEFENDANT, APPELLANT. No. 86-1355.United States Court of Appeals, First Circuit.Argued November 3, 1986. Decided December 4, 1986. Jose R. Gonzalez-Irizarry, with whom Ramon Coto-Ojeda and McConnell Valdes Kelley Sifre Griggs Ruiz-Suria, […]

SPECIALTY NATIONAL INSURANCE COMPANY, Plaintiff, Appellant, v. ONEBEACON INSURANCE COMPANY, Defendant, Appellee. No. 06-2036.United States Court of Appeals, First Circuit.Heard March 6, 2007. Decided May 23, 2007. Appeal from the United States District Court for the District of Massachusetts, Reginald C. Lindsay, J. Page 728 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

ROBERT M. LAYNE, PETITIONER, APPELLANT, v. FRANK O. GUNTER, RESPONDENT, APPELLEE. No. 76-1497.United States Court of Appeals, First Circuit.Argued April 5, 1977. Decided August 4, 1977. Lois M. Lewis, West Newton, Mass., for appellant. Joseph P. Gordon, Jr., Asst. Atty. Gen., Crim. Bureau, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Stephen R. Delinsky, […]

FLOTECH, INC., AND FLUORAMICS, INC., PLAINTIFFS, APPELLANTS, v. E.I. DU PONT de NEMOURS COMPANY, DEFENDANT, APPELLEE. No. 86-1146.United States Court of Appeals, First Circuit.Argued September 9, 1986. Decided March 18, 1987. Page 776 David P. Rosenblatt with whom Lawrence G. Cetrulo, Constance M. McGrane and Burns Levinson, Boston, Mass., were on brief, for plaintiffs, appellants. […]

YSIEM CORPORATION, Plaintiff, Appellant, v. COMMERCIAL NET LEASE REALTY, INC., Defendant, Appellee. OFFICEMAX, INC., Defendant. No. 02-1625.United States Court of Appeals, First Circuit.Heard January 6, 2003. Decided May 1, 2003. Appeal from the United States District Court for the District of Puerto Rico, Jay A. Garcia-Gregory, J. Eugenio C. Romero with whom Eugenio C. Romero […]

AMERICAN LEASE INSURANCE AGENCY CORPORATION, Plaintiff, Appellant, A.I. Credit Consumer Discount Company, Third Party Defendant, Appellant, v. BALBOA CAPITAL CORPORATION, Defendant/Third Party Plaintiff, Appellee, Balboa Life Casualty Company, Third Party Defendant, Appellee. No. 08-2414.United States Court of Appeals, First Circuit.Heard May 4, 2009. Decided August 26, 2009. Appeal from the United States District Court for […]

GEORGE J. SERAFINO AND ANITA M. SERAFINO, PLAINTIFFS, APPELLANTS, v. HASBRO, INC., ET AL., DEFENDANTS, APPELLEES. No. 95-1931.United States Court of Appeals, First Circuit.Heard January 10, 1996. Decided April 23, 1996. Page 516 Morris M. Goldings with whom Ellen S. Shapiro was on brief for appellants. Arthur G. Telegen with whom Amy B.G. Katz, Charles […]

NEW ENGLAND ELECTRIC SYSTEM et al., Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent. No. 6332.United States Court of Appeals, First Circuit.Heard January 6, 1965. Decided June 4, 1965. Page 400 John R. Quarles, Boston, Mass., with whom Richard B. Dunn, Richard W. Southgate, John J. Glessner, III, and Ropes Gray, Boston, Mass., were on brief, […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. CHARTER INTERNATIONAL OIL COMPANY, DEFENDANT, APPELLANT. ACUSHNET COMPANY, ET AL., PROPOSED INTERVENORS-APPELLEES. Nos. 95-1961, 95-1984, 95-2019United States Court of Appeals, First Circuit. May 9, 1996 Page 511 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

UNITED STATES v. GIROUARD. No. 4058.Circuit Court of Appeals, First Circuit. June 1, 1945. Appeal from the United States District Court for the District of Massachusetts; Sweeney, Judge. Proceeding by James Louis Girouard for naturalization, opposed by the United States. From an order admitting applicant to citizenship, the United States appeals. Reversed and remanded. Page […]

BAEZ v. PEOPLE OF PUERTO RICO. No. 3073.Circuit Court of Appeals, First Circuit. March 5, 1936. Page 318 Appeal from the Supreme Court of Puerto Rico. Enrique Baez was convicted of embezzlement, and he appeals. Appeal dismissed for want of jurisdiction. Leopoldo Feliu, of San Juan, P.R., for appellant. Page 319 William Cattron Rigby, of […]

UNITED STATES v. MORSS. No. 4195.Circuit Court of Appeals, First Circuit. January 14, 1947. Appeal from the District Court of the United States for the District of Massachusetts; Arthur D. Healey, Judge. Action by Everett Morss against the United States of America to recover back income tax paid and interest. From a judgment for plaintiff, […]

ROBERT T. HOWITT, PLAINTIFF, APPELLANT, v. UNITED STATES DEPARTMENT OF COMMERCE, DEFENDANT, APPELLEE. No. 89-1697.United States Court of Appeals, First Circuit.Heard December 8, 1989. Decided February 6, 1990. Gerry A. Blodgett with whom Blodgett Blodgett, P.C., Worcester, Mass., was on brief, for plaintiff, appellant. Paul G. Levenson, Asst. U.S. Atty., with whom Wayne A. Budd, […]

GEORGE McLAUGHLIN, PETITIONER, APPELLANT, v. HAROLD GABRIEL, ETC., RESPONDENT, APPELLEE. No. 83-1413.United States Court of Appeals, First Circuit.Argued November 9, 1983. Decided January 27, 1984. Lois M. Lewis, West Newton, Mass., by appointment of the Court, for petitioner, appellant. Paula J. DeGiacomo, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Page 8 Atty. […]

IMS HEALTH INCORPORATED, Verispan, LLC, and Source Healthcare Analytics, Inc., a subsidiary of Wolters Kluwer Health, Inc., Plaintiffs, Appellees, v. Janet T. MILLS, as Attorney General for the State of Maine, Defendant, Appellant. No. 08-1248.United States Court of Appeals, First Circuit.Heard April 5, 2010. Decided August 4, 2010. Appeal from the United States District Court […]

THE GRINNELL CORPORATION, PLAINTIFF-APPELLEE, AND THE CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT, v. MARY C. HACKETT, DIRECTOR OF THE DEPARTMENT OF EMPLOYMENT SECURITY OF THE STATE OF RHODE ISLAND AND JOHN J. AFFLECK, DIRECTOR OF THE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES OF THE STATE OF RHODE ISLAND, DEFENDANTS-APPELLEES, AND UNITED […]

Martin John GILMAN, Appellant, v. KESTRAL CORPORATION, Appellee. No. 4470.United States Court of Appeals, First Circuit. April 26, 1950. Appeal from the United States District Court for the District of Massachusetts; George C. Sweeney, Judge. Maxwell James, New York City (Robert L. Thompson, Boston, Mass., on brief), for appellant. Hector M. Holmes, Boston, Mass., (Robert […]

CAPRIO v. UNITED STATES. No. 2450.Circuit Court of Appeals, First Circuit. November 26, 1930. Appeal from the District Court of the United States for the District of Massachusetts. Action by Dominic Caprio, by his guardian, the New England Trust Company, against the United States. Judgment for defendant, and plaintiff appeals. Reversed and remanded. Leo M. […]

RICHARD HENRY ET AL., PLAINTIFFS, APPELLANTS, v. EVERETT I. PERRIN, ETC., ET AL., DEFENDANTS, APPELLEES. No. 78-1528.United States Court of Appeals, First Circuit.Argued September 5, 1979. Decided November 21, 1979. Arpiar G. Saunders, Jr., Concord, N.H., with whom Robert A. Stein and Stein Viles, Concord, N.H., were on brief, for plaintiffs, appellants. Steven J. McAuliffe, […]

Joseph RODI, Plaintiff, Appellant, v. SOUTHERN NEW ENGLAND SCHOOL OF LAW et al., Defendants, Appellees. No. 03-2502.United States Court of Appeals, First Circuit.Submitted April 27, 2004. Decided November 10, 2004. Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, J. Page 6 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

GEORGE M. BUCUVALAS, PETITIONER-APPELLANT, v. UNITED STATES of AMERICA, RESPONDENT-APPELLEE. No. 96-1472.United States Court of Appeals, First Circuit.Heard September 11, 1996. Decided October 28, 1996. Page 653 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 654 Valeriano Diviacchi, Boston, MA, for appellant. […]

NEW ENGLAND LUMBER DIVISION OF DIAMOND INTERNATIONAL CORPORATION, PETITIONER, v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT. No. 80-1619.United States Court of Appeals, First Circuit.Heard March 2, 1981. Decided April 21, 1981. Rehearing and Rehearing En Banc Denied May 18, 1981. Malcolm E. Morrell, Jr., Bangor, Maine, with whom Clare Hudson Payne, and Eaton, Peabody, Bradford Veague, […]

RICHARD R. BERGERON, PLAINTIFF, APPELLANT, v. ESTATE OF WILLIAM LOEB, ET AL., DEFENDANTS, APPELLEES. No. 85-1340.United States Court of Appeals, First Circuit.Argued September 13, 1985. Decided November 20, 1985. Page 793 Michael C. Harvell with whom Mark F. Weaver and Sheehan, Phinney, Bass Green Professional Ass’n, Manchester, N.H., were on brief for plaintiff, appellant. Ralph […]

Rubén PERALTA, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent. No. 05-1667.United States Court of Appeals, First Circuit.Heard January 10, 2006. Decided March 23, 2006. ON PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS. Page 24 Ilana Greenstein, with whom Harvey Kaplan, Lory Rosenberg, Maureen O’Sullivan, Jeremiah […]

FERRARA DiMERCURIO, Plaintiff, Appellant, v. ST. PAUL MERCURY INSURANCE COMPANY, Defendant, Appellee. No. 00-1137.United States Court of Appeals, First Circuit.Heard January 11, 2001. Decided February 14, 2001. Appeal from the United States District Court for the District of Massachusetts, W. Arthur Garrity, Jr., J. Page 2 Joseph M. Orlando with whom David S. Smith, Brian […]

MORAN TOWING CORPORATION, Appellant, v. M.A. GAMMINO CONSTRUCTION COMPANY, Appellee. UNITED STATES of America, f/u/b/o Moran Towing Corporation, Appellant, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellee. Nos. 7239, 7240.United States Court of Appeals, First Circuit. April 9, 1969. Page 918 Eugene Underwood, New York City, with whom Robert B. Pohl and Frank L. Wiswall, Jr., […]

UNITED STATES OF AMERICA, APPELLEE, v. PASQUALE PERROTTA, DEFENDANT, APPELLANT. Nos. 93-2357, 93-2383.United States Court of Appeals, First Circuit.Heard June 10, 1994. Decided December 27, 1994. Charles J. Stephenson, with whom Richard L. Goldman, Granby, MA, was on brief for appellant. Kevin O’Regan, Asst. U.S. Atty., with whom Donald K. Stern, U.S. Atty., Boston, MA, […]

COOPER’S EXPRESS, INC., Defendant, Appellant, v. INTERSTATE COMMERCE COMMISSION, Plaintiff, Appellee. No. 6246.United States Court of Appeals, First Circuit.Heard March 2, 1964. Decided April 10, 1964. Page 339 Manuel Katz, Boston, Mass., with whom Paul T. Smith and Daniel Klubock, Boston, Mass., were on brief, for appellant. John F. Curley, Regional Atty., Boston, Mass., with […]

BRIGGS, INC., PLAINTIFF, APPELLANT, v. MARTLET IMPORTING CO., INC., DEFENDANT, APPELLEE. No. 95-1017.United States Court of Appeals, First Circuit.Heard May 3, 1995. Decided June 14, 1995. Page 19 Joel A. Dearborn with whom Laurie Anne Miller was on brief, for appellant. David R. Cross with whom James Brennan and John W. McCarthy were on brief, […]

UNITED STATES OF AMERICA, APPELLEE, v. BERNARD H. ROMANOW, DEFENDANT-APPELLANT. No. 74-1240.United States Court of Appeals, First Circuit.Heard October 9, 1974. Decided November 22, 1974. Page 814 Peter J. Rubin, Portland, Me., with whom Jerome F. Goldberg and Bernstein, Shur, Sawyer Nelson, Portland, Me., were on brief, for defendant-appellant. Rufus E. Stetson, Jr., Asst. U.S. […]

YICK HOW ex rel. SHUE DUCK et al., Petitioner, Appellant, v. John P. JOHNSON, United States Commissioner of Immigration, Respondent, Appellee. No. 1925.Circuit Court of Appeals, First Circuit. May 29, 1926. Appeal from the District Court of the United States for the District of Massachusetts. Everett Flint Damon, of Boston, Mass., for appellant. George R. […]

Rammeash RATNASINGAM, Petitioner, v. Eric H. HOLDER, Jr.,[*] Attorney General, Respondent. Nos. 08-1242, 08-1531.United States Court of Appeals, First Circuit.Submitted January 5, 2009. Decided February 12, 2009. [*] Pursuant to Fed.R.App.P. 43(c)(2), Attorney General Eric H. Holder, Jr. has been substituted for former Attorney General Michael B. Mukasey as respondent. Appeal from the Board of […]

Mouna Kandy SUBOH, Individually, As Administratix Of The Estate Of Ishaq Suboh, And As Next Friend Of Her Minor Daughter Sofia Kandy, Plaintiff, Appellee, v. DISTRICT ATTORNEY’S OFFICE OF THE SUFFOLK DISTRICT, Michael N. Murphy, Carl Borgioli, Defendants, Appellants, Page 82 City Of Revere, Massachusetts; Robert J. Haas Jr.; James Russo; Steven Pisano; John McRae; […]

Paul Eugene TESSIER, Appellant, v. UNITED STATES of America, Appellee. No. 5424.United States Court of Appeals, First Circuit. July 31, 1959. Page 306 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 307 David W. Walsh, Boston, Mass., with whom Arthur D. Healey, […]

ESTATE OF JANE B. CEPPI, DECEASED. PETER B. CEPPI, EXECUTOR, PLAINTIFF, APPELLANT, v. COMMISSIONER OF INTERNAL REVENUE, DEFENDANT, APPELLEE. No. 82-1453.United States Court of Appeals, First Circuit.Argued November 3, 1982. Decided January 11, 1983. G. Quentin Anthony, Jr., with whom Sheffield Harvey, Newport, R.I., was on brief, for plaintiff, appellant. Nathanael R. Brayton, with whom […]

CALAF et al. v. GONZALEZ et al. No. 3748.Circuit Court of Appeals, First Circuit. May 8, 1942. Page 935 Appeal from the District Court of the United States for Puerto Rico; Cooper, Judge. Action by Justo Gonzalez, Jr., and others against Jaime Calaf Collazo and others to recover wages and liquidated damages under the Fair […]

Gerard P. DUNN, Individually and On Behalf of Thomas M. Dunn, Plaintiff, Appellant, v. Ariane K. COMETA, M.D., Defendant, Appellee. No. 00-1053.United States Court of Appeals, First Circuit.Heard December 5, 2000. Decided January 26, 2001. Appeal from the United States District Court For The District Of Maine, Gene Carter, J. Page 39 David J. Van […]

ELINOR W. MANNING, PETITIONER-APPELLANT, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT-APPELLEE. No. 79-1418.United States Court of Appeals, First Circuit.Argued December 3, 1979. Decided February 11, 1980. Richard deY. Manning, New York City, with whom Steven R. Hayes, New York City, was on brief, for petitioner, appellant. James F. Miller, Atty., Tax Division, Dept. of Justice, Washington, […]

EASTERN STATES FARMERS’ EXCHANGE, INCORPORATED, Defendant, Appellant, v. Russell M. PECKHAM et al., d/b/a Orchard Hill Farm, Plaintiffs, Appellees. No. 5088.United States Court of Appeals, First Circuit. June 15, 1956. Hinckley, Allen, Salisbury Parsons, Providence, R.I., Matthew W. Goring, Providence, R.I., with whom Stephen B. Ives, Jr., Providence, R.I., Preston B. Kavanagh, and Pope, Ballard […]

UNITED STATES OF AMERICA, APPELLEE, v. JOSEPH J. C. DiCARLO, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. RONALD C. MacKENZIE, DEFENDANT, APPELLANT. Nos. 77-1165 and 77-1166.United States Court of Appeals, First Circuit.Argued October 4, 1977. Decided November 11, 1977. Page 803 Francis J. DiMento and Earle C. Cooley, Boston, Mass., with whom DiMento Sullivan, […]

CARMEN MILLER; LAWRENCE MILLER, PLAINTIFFS, APPELLANTS, v. KENNEBEC COUNTY; KNOX COUNTY; ROCKPORT CITY OF; BRYAN T. LAMOREAU; DANIEL G. DAVEY; BRENT DAVIS; JEFFREY FULLER; NANCY A. DESJARDIN; JANE DOE, DEFENDANTS, APPELLEES. No. 99-2079.United States Court of Appeals, First Circuit.Heard June 7, 2000. Decided July 17, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE […]

UNITED STATES of America, Appellee, v. Robert ROBINSON, Defendant, Appellant. No. 03-1403.United States Court of Appeals, First Circuit.Heard October 10, 2003. Decided March 2, 2004. Appeal from the United States District Court for the District of Maine, George Z. Singal, Chief Judge. Jeffrey M. Silverstein, with whom Billings Silverstein, was on brief, for appellant. Margaret […]

UNITED STATES OF AMERICA, APPELLEE, v. JONATHAN LIPPMAN EDWARDS, DEFENDANT, APPELLANT. No. 71-1112.United States Court of Appeals, First Circuit. October 15, 1971. Page 50 John G. S. Flym, Cambridge, Mass., for appellant. Robert B. Collings, Asst. U.S. Atty., with whom Herbert F. Travers, Jr., U.S. Atty., was on brief, for appellee. Appeal from the United […]

STANLEY M. GROSSMAN, PLAINTIFF-APPELLANT, v. EDWARD C. JOHNSON, 3RD, ET AL., DEFENDANTS-APPELLEES. No. 81-1348.United States Court of Appeals, First Circuit.Argued November 5, 1981. Decided March 29, 1982. Page 116 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 117 Richard M. Meyer, Washington, […]

EAC TIMBERLANE, ETC., ET AL., PLAINTIFFS, APPELLANTS, v. PISCES, LTD., ET AL., DEFENDANTS, APPELLEES. No. 83-1555.United States Court of Appeals, First Circuit.Argued February 7, 1984. Decided September 28, 1984. Page 716 George F. Chandler III, New York City, with whom Antonio M. Bird Jr., San Juan, P.R., Hill, Rivkins, Carey, Loesberg, O’Brien Mulroy, New York […]

VINCENT DeNOVELLIS, PLAINTIFF, APPELLANT, v. DONNA E. SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLEE. No. 96-2050.United States Court of Appeals, First Circuit.Heard February 7, 1997. Decided September 2, 1997. Page 299 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 300 […]

In re George E. KERSEY, Respondent. No. 04-8016.United States Court of Appeals, First Circuit.Heard January 3, 2005. Decided March 25, 2005. ON ORDER TO SHOW CAUSE WHY RECIPROCAL DISCIPLINE SHOULD NOT BE IMPOSED George E. Kersey on memorandum for respondent. Before SELYA, LYNCH and LIPEZ, Circuit Judges. ON ORDER TO SHOW CAUSE WHY RECIPROCAL DISCIPLINE […]

UNITED STATES OF AMERICA, APPELLEE, v. FREDERICK CHARLES LATHAM, JR., DEFENDANT, APPELLANT. No. 88-1107.United States Court of Appeals, First Circuit.Heard November 4, 1988. Decided May 10, 1989. Page 853 Valerie Stanfill with whom Jack H. Simmons and Berman, Simmons Goldberg, P.A., Lewiston, were on brief, for defendant, appellant. Margaret D. McGaughey, Asst. U.S. Atty., with […]

HECTOR SANTIAGO, PLAINTIFF, APPELLANT, v. PAUL J. FENTON, ETC., ET AL., DEFENDANTS, APPELLEES. No. 89-1108.United States Court of Appeals, First Circuit.Heard September 12, 1989. Decided December 11, 1989. Page 374 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 375 [EDITORS’ NOTE: THIS […]

ROBERT BREEST, PETITIONER, APPELLANT, v. EVERETT I. PERRIN, JR., WARDEN, NEW HAMPSHIRE STATE PRISON, ET AL., RESPONDENTS, APPELLEES. FREDERICK J. MARTINEAU, PETITIONER, APPELLANT, v. RICHARD T. McCARTHY, ETC., RESPONDENTS, APPELLEES. Nos. 80-1635, 80-1639.United States Court of Appeals, First Circuit.Argued June 3, 1981. Decided July 1, 1981. Jeanne Baker, Cambridge, Mass., by appointment of the Court, […]

CARMEN CLEMENTE, PLAINTIFF, APPELLANT, v. CARNICON-PUERTO RICO MANAGEMENT ASSOCIATES, L.C., ET AL., DEFENDANTS, APPELLEES. No. 94-1603.United States Court of Appeals, First Circuit.Heard March 9, 1995. Decided April 14, 1995. Page 384 Adrian Mercado, Santurcer, PR, for appellant. Jose A. Fuentes Agostini, with whom Totti, Rodriguez Diaz Fuentes, Hato Rey, PR and Carlos A. Ramos, Mayaguez, […]

UNITED STATES OF AMERICA, APPELLEE, v. CHARLES B. BRADLEY, JR., ET AL., DEFENDANTS-APPELLANTS. Nos. 71-1186 to 71-1189.United States Court of Appeals, First Circuit.Heard November 1, 1971. Decided January 27, 1972. On Rehearing March 10, 1972. Page 1182 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

AMERICAN SUGAR REFINING CO. v. PAGE SHAW, Inc. No. 2152.Circuit Court of Appeals, First Circuit. December 27, 1927. Page 150 In Error to the District Court of the United States for the District of Massachusetts; James M. Morton, Jr., Judge. Action by the American Sugar Refining Company against Page Shaw, Inc. Judgment for defendant, and […]

KOHLER CO. v. UNITED STATES. No. 2325.Circuit Court of Appeals, First Circuit. June 25, 1929. Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Judge. Libel by the United States for the forfeiture of an electric plant because of its use in connection with operation of stills, […]